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Resist Arrest Lawyers

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Best Resist Arrest Lawyers

Our lawyers deal with Resist Arrest and Hinder Police charges on a regular basis. Generally, people are often also charged with ‘Assault Police’. You can look at our recent results for Resist Arrest charges.

Our team of specialist criminal lawyers have years of experience in dealing with Resist Arrest charges. As such we have a proven track record of our clients’ being found ‘not guilty’ of these charges. When our clients’ wish to plead guilty, we are adept at obtaining non-convictions for them. Contact us now to speak to our team today.

WHAT SHOULD I DO?

  • PLEADING NOT GUILTY

    What is Resisting Arrest?

    Section 58 of the Crimes Act 1900 (NSW) sets out that if you use force to oppose or attempt to escape from police acting in the lawful execution of their duty, you can be guilty of resisting arrest.

    Resisting Arrest is a Table 2 offence under the Criminal Procedure Act 1986 (NSW). As such, it is finalised in the Local Court unless the prosecution elects to deal with it in the District Court.

     

    What Are Some Examples of Resisting Arrest?

    The most common example of what can amount to resisting arrest is struggling against a police officer’s attempt to arrest you.

     

    How Do You Beat a Charge of Resisting Arrest?

    You can fight a Resisting Arrest in two ways. Firstly, the prosecution must prove each of the following beyond reasonable doubt:

    1. You resisted arrest; and
    2. The police officer(s) was/were acting within their duties

     

    If any of these elements are not made out, then you can be found ‘not guilty’.

    Secondly, you can rely on one of the defences.

     

    What is Hindering Police?

    Section 546C of the Crimes Act 1900 (NSW) sets out that if you prevent a police officer from carrying out their duty, you can be guilty of hindering police.

    Hindering Police is a summary offence. As such, it is finalised in the Local Court.

     

    What Are Some Examples of Hindering Police?

    The most common example of this offence is preventing Police from arresting another person.

     

    How Do You Beat a Charge of Hindering Police?

    You can fight a Hindering Police in two ways. Firstly, the prosecution must prove each of the following beyond reasonable doubt:

    1. You hindered police; and
    2. The police officer(s) was/were acting within their duties

     

    If any of these elements are not made out, then you can be found ‘not guilty’.

    Secondly, you can rely on one of the defences.

     

    What are the Defences to Resist Arrest and Hinder Police?

    There are a number of defences to resist arrest and hinder police:

    1. The police officer was not acting within their duties. If we can establish that the arrest was not lawful, your actions in resisting or hindering will not constitute an offence.
    2. Identification: If Police cannot establish you were responsible for the assault
    3. Duress: you were forced to commit the offence
    4. Necessity: you committed the offence because it was necessary in the circumstances

     

    For these types of charges, there is often an issue as to whether Police were acting within their powers. While most commonly for arrest, it can also include search, seizure and questioning. Our specialist criminal lawyers have years of experience in successfully proving Police have exercised their powers unlawfully. Contact us now to speak to one of the best resist arrest lawyers in Australia.

  • PLEADING GUILTY

    You should receive legal advice from a specialist criminal lawyer before entering a plea of guilty. This is due to the intricate issues around Resist Arrest and Hinder Police offences.

    A particular area which can often be attacked in the prosecution case is whether Police were acting in the execution of their duty. If they were not, you will be found ‘not guilty’.

    If you have received appropriate advice from a specialist criminal lawyer and wish to plead guilty, our guide will assist you. However, you should consult one of our senior resisting arrest lawyers for advice specific to your case.

     

    What is the Maximum Penalty for Resisting Arrest?

    Resist Arrest is an offence which can carry a maximum term of imprisonment of 5 years if dealt with in the District Court. The maximum penalty in the Local Court is 2 years.

    Hinder Police carries a maximum term of imprisonment of 12 months.

    As you can see, there is a big disparity between these two offences. Our criminal lawyers in Sydney, are very experienced at getting charges dropped early. It may be that if you are charged with Resist Police, we can negotiate with Police to downgrade this charge to Hinder Police. This will make a significant difference in any sentencing and may put you in line to receive a non conviction.

     

    What are the Possible Sentences for Resist Arrest?

    The potential sentencing options for a charge of Resist Arrest or Hinder Police are:

    1. Section 10 dismissal
    2. Conditional release order without conviction (previously known as Section 10 good behaviour bond)
    3. Fine
    4. Conditional release order with conviction (previously known as Section 9 good behaviour bond)
    5. Community Corrections Order (previously known as Community Service Order)
    6. Intensive Corrections Order
    7. Home Detention Order (no longer used in NSW)
    8. Full Time Imprisonment

     

    Will You Go to Jail for Resisting Arrest?

    Of the 255 cases heard in the Local Court over the last 5 years, less than 25% of people received no conviction for resist arrest. 5% of people were sentenced to some form of imprisonment. The remaining offenders all received convictions.

    Over 75% of offenders are convicted. The statistics for resist arrest set out that receiving a Section 10 dismissal is not easy. As such, if you wish to avoid a conviction, you should speak to one of our specialist criminal defence solicitors for Resist arrest.

FAQ

Can a Resist Arrest Charge be Downgraded?

It may be that your Resist arrest charge can be downgraded to ‘Hinder Police’. This will involve your lawyer sending Police ‘representations’. If you would like to know whether your charges can be downgraded, you can speak to one of our experienced Resist Police Officer in Execution of Duty Lawyers.

 

Can I sue Police?

If Police have acted outside their powers, you can take action against them. There are a number of torts such as ‘False imprisonment’ (eg. Police have arrested you illegally) and ‘Battery’ (eg. If Police have assaulted you) which can result in Police paying you damages. If you feel you have been dealt with unfairly by Police you can speak to one of our specialist criminal lawyers and we can advise you on your rights.